RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00308
		INDEX CODE:  108.01
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

It appears that the applicant is requesting that her records be corrected to reflect that she was diagnosed with scoliosis while on active duty.

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APPLICANT CONTENDS THAT:

Her condition was undetected during her military service even though her Department of Veterans' Affairs (DVA) rating decision states that her condition is a congenital and developmental abnormality suggesting that her condition was not diagnosed by military examiners.  Her military records show no evidence of her condition although an x-ray report dated 14 Feb 85 indicates significant scoliosis of the dorsal spine, just 3 months after her discharge.

In support of her request, applicant provided a copy of her DVA rating decision and documents extracted from her medical records.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 Oct 81 and was progressively promoted to the grade of airman first class, having assumed that grade effective and with a date of rank of 30 Sep 82.  On 29 Oct 84, applicant was notified by her commander that he was recommending that she be discharged from the Air Force in accordance with AFR 39-10 for exceeding Air Force weight standards.  On 13 Nov 84, she was honorably discharged in the grade of airman.  She served 3 years and 18 days on active duty.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states that severe scoliosis is disqualifying for enlistment and typically obvious during the general examination for entrance.  The applicant had no complaints of back pain at those times and there was no indication for a more detailed examination.  Review of her service medical record reveals no entries for back problems and at the time of her separation physical she denied any history of back pain.  Her scoliosis is developmental in nature, existed prior to entry into the military, and was not aggravated beyond the natural progression by military service.  The Medical Consultant evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that she does not recall an examination of her back during her entrance physical.  In addition, she was advised by her recruiter not to mention any medical conditions during the exam as it could cause her denial of enlistment.  During basic military training she did not report her back pain for fear of being set back in training.  After seeing one of her squad mates belittled for complaining of back pain, she decided to endure the pain instead of subjecting herself to that type of punishment.  At the time of her separation processing she had been humiliated so much for being overweight that her mental state was as low as it could get and all she wanted to do was get the discharge over with.  

She was discharged on 13 Nov 84.  Less than 3 months later, on 14 Feb 85, she was diagnosed with "significant" scoliosis with concavity to the right.  Applicant asks how could this be possible only after three months.  Applicant also questions how the Medical Consultant can state on the first page of his advisory that scoliosis begins in adolescence and may not be detected until adulthood and on the second page he states that her scoliosis existed prior to service.  Applicant again asks how can this statement be made when on page one it states that her medical records finds no reference to scoliosis.  Both examiners on her entrance and exit physicals missed the diagnosis and she is suffering from their mistakes.  

Her complete submission is at Exhibit D.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice that would warrant correction of her medical records.  We took notice of the applicant's complete submission in judging the merits of the case; however, the Board majority agrees with the opinion and recommendation of the BCMR Medical Consultant and adopts his rationale as the basis for their conclusion that the applicant has not been the victim of an error or injustice.  The Board majority notes that the applicant denied having back problems during her entrance and separation physical examinations and notes further that there were not any indications of back problems during her tour on active duty, which it appears, would have required more detailed examinations.  The Board majority is not persuaded by her uncorroborated assertions that her condition should have been diagnosed while she was serving on active duty nor has evidence been presented which would lead them to believe that her condition was aggravated during her term on active duty.  Therefore, in the absence of evidence to the contrary, the Board majority finds no compelling basis to recommend granting the relief sought in this application.

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RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered AFBCMR Docket Number BC-2003-00308 in Executive Session on 15 Jul 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

By a majority vote, the Board voted to deny the request.  XXXXX voted to correct the record and did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 9 May 03.
    Exhibit D.  Letter, SAF/MRBR, dated 23 May 03.
    Exhibit E.  Letter, Applicant, dated 27 May 03.

								
								Panel Chair

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
               FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of 

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that the applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.

							
							Director
							Air Force Review Boards Agency